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HomeMy WebLinkAbout9/5/2007 - STAFF REPORTS - 2.V. OF ?ALM IPA � c V �q�,FoaN,P City Council Staff Report DATE: September 05, 2007 Consent Calendar SUBJECT: SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND FROM: David H. Ready, City Manager BY: Department of Parks and Recreation SUMMARY Road Shows, Inc. has produced the American Heat - Palm Springs Motorcycle Weekend since 2000. The 2007 event will be held October 5 through October 7 on the Spa Resort Casino parking lot and adjoining streets. In order for this event to take place, certain regulatory ordinances need to be suspended. The proposed Resolution temporarily suspends the City's Noise Ordinance, Noise Nuisance, Dance Permits, Zoning Ordinance, and Sign Ordinance. In addition to suspending certain regulatory ordinances, staff is recommending that the Council approve an agreement for event promotion authorizing up to $14,000 of in-kind support for the event. RECOMMENDATION: 1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING CERTAIN REGULATORY ORDINANCES FROM OCTOBER 5 THROUGH OCTOBER 7 TO FACILITATE, THE 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE WEEKEND." 2. Approve an Agreement for Event Promotion with Road Shows, Inc. in an amount not to exceed $14,000 to produce the 2007 American Heat Motorcycle Weekend. STAFF ANALYSIS: Road Shows, Inc. (RSI) is a fully-licensed entertainment booking agency and event production company based in Reno, Nevada. RSI produces several well- known motorcycle and hot rod events throughout the country. ITEM NO.__ City Council Staff Report September 5, 2007 2007 American Heat- Palm Springs Motorcycle & Hot Rod Weekend The American Heat Motorcycle Weekend has been held in the City each October since 2000. The 2006 event was held at the Spa Resort Casino parking lot. The promoter is planning to hold the 2007 event at the same location. Due to the length of this event, its location and the type of activities that are planned, certain regulatory ordinances will need to be temporarily suspended. A resolution suspending the Noise Ordinance, Noise Nuisance, Dance Permits, Zoning Ordinance, and Sign Ordinance has been attached for your consideration. In addition to suspending certain regulatory ordinances, the promoter must enter into an agreement for event promotion with the City. This agreement not only identifies the responsibilities of both the promoter and the City, but it establishes the amount of City services that will be necessary to support the event and how much each party is responsible for. In 2006, City costs including police, fire and public works services related to the event totaled $38,000 of which RSI paid $24,000 back to the City. The remaining $14,000 of support costs was absorbed by the City as park of its sponsorship of the event. Staff has estimated the costs for the 2007 event to be about the same as last year. The RSI has requested to continue the same agreement for the 2007 event. RSI will be required to submit payment in advance of the event. FISCAL IMPACT: Although the actual economic impact of this event is unknown, previous years' events have produced "Sold Out" weekends for the local hoteliers. This event is supported by the Palm Springs Hotel Association and the Main Street Merchants Association. Sharon Heider, Director Tro Butzla istant City Manager Department of Parks and Recreation Ad istrati rvices David H. Ready, Cit Hager Attachments: 1. Resolution Suspending Certain Regulatory Ordinances 2. Sponsorship Agreement for 2007 American Heat - Palm Springs Motorcycle Weekend 000002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS TEMPORARILY SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE THE 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND. WHEREAS, the City of Palm Springs designated the American Heat - Palm Springs Motorcycle & Hot Rod Weekend as a City-sponsored event; and WHEREAS, the City Council desires to facilitate the staging of the City- sponsored event to maximize revenue production; and WHEREAS, the City Council finds that certain regulatory ordinances, which are generally deemed desirable and necessary, may, nonetheless, impede the conduct of special events; and WHEREAS, the City Council finds that in holding special events, the public interest and the benefits derived therefrom outweigh the temporary public inconvenience; and WHEREAS the City Council has enacted Ordinance #1310 authorizing temporary suspension of regulatory ordinances, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A. The American Heat - Palm Springs Motorcycle Weekend is a special event beneficial to the community and its visitor-oriented economy. B. The dates of the 2007 American Heat - Palm Springs Motorcycle Weekend are from October 5 through October 7. C. That Road Shows, Inc. is the event promoter, along with its construction and concession personnel and staff. D.That the venue of the American Heat - Palm Springs Motorcycle Weekend is the Spa Resort Casino parking lot. SECTION 2. That the following ordinances are hereby temporarily suspended for the special event designated in Section 1 above: Noise Ordinance, Noise Nuisance, Dance Permits, Zoning Ordinance and Sign Ordinance. SECTION 3. That the regulatory ordinances designated in Section 2 above shall remain in full force and effect, except as to the event dates and persons or organizations, designated in Section 1 above. 000 av ADOPTED this 5" day of September, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 5, 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California AGREEMENT FOR EVENT PROMOTION This Agreement for Event Promotion (hereinafter "Agreement"), governed by the laws of the State of California, is made and entered into this day of 2007, by and between the City of Palm Springs, a municipal corporation, hereinafter called "City," and Road Shows, Inc., a Nevada corporation, hereinafter called "Promoter." RECITALS WHEREAS, the City Council recognizes the intrinsic value of cultural and promotional events and the role they play in enhancing and expanding the economic vitality and image of the City; WHEREAS, the City Council may provide funding assistance to eligible organizations for the purpose of providing cultural and promotional events and/or activities that generally benefit the community; WHEREAS, Promoter plans to produce the American Heat - Palm Springs Motorcycle & Hot Rod Weekend as described herein (hereinafter "Event"); WHEREAS, Promoter needs City assistance to produce these events and has requested City sponsorship through service assistance; WHEREAS, the City Council has determined that sponsorship of this event would be of public benefit. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. EVENT DATE AND LOCATION 1.1 Promoter shall organize, manage and produce the American Heat - Palm Springs Motorcycle & Hot Rod Weekend as generally described in Exhibit "A" and attached hereto and incorporated herein by this reference. 1.2 The Event shall be held from October 5 through October 7, 2007. 2. CO-SPONSOR The parties hereby agree that the City shall be named the exclusive "Co-Sponsor" of the Event and that no other co-sponsor shall appear in the title of the Event sponsored under this Agreement. 3. SPONSORSHIP TERMS FOR THE CITY 3.1 To produce the Event, the City shall provide Promoter with in-kind services, such as police, fire, parks, and streets personnel as described in Exhibit"B" of the Agreement. The City shall not provide Promoter with any cash sponsorship or reduction in fees unless identified in Exhibit "B." 3.2 Promoter shall be responsible for raising all funds necessary to produce the Event. AGREEMENT FOR EVENT PROMOTER 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND 4. PRODUCTION SERVICES TO BE PROVIDED BY PROMOTER As the producer of the Event, Promoter shall provide production services, including, but not limited to, the following and shall accept all financial responsibility for such services: 4.1 Securing the necessary venues for the Event and related activities, including all volunteers and staff members needed to produce the event and excluding only those provided by the City in Section 5. 4.2 Developing and submitting a preliminary Event schedule and list of all entries, vendors and pre-registered participants in the Event to the City's Special Events Planning Team (SEPT) at least ninety(90)days prior to each event and again with rerinements at least twenty (20) days prior to each event. 4.3 Coordinating all Evenl. routing, staging, street closures, and vendor and participant placement as required by SEPT at designated SEPT meetings. 4.4. Contracting and paying for all service vendors and technical support, including, but not limited to, sound, including a public address system, lighting (if applicable), bleachers, generators, portable toilets, fencing, trash disposal, and security services at related activities described in Section 4.1. 4.5 Recruiting, coordinating and supervising all volunteers and their activities. 4.6 Obtaining certificates of insurance, liability release forms, and business licenses from all applicable entries, volunteers, and vendors participating in the Event. 4.7 Promoter shall be responsible for all promotional activities related to the Event, including_ a. Arranging and buying advertising space in local newspapers and other publications to promote the Event and the City. Minimum advertising for the Event shall be provided in a geographical area that includes the High Desert, Inland Empire (San Bernardino and Riverside counties), San Diego County, and the Coachella Valley. b. Preparing press releases and marketing materials to promote the Event. c. Coordinating local and regional public relations, including the distribution of press materials to entertainment and travel writers. d. Coordinating with the Palm Springs Bureau of Tourism to promote the Event. e. Promoting the Event through personal appearances and/or the distribution of collateral materials. 000007 2 AGREEMENT FOR EVENT PROMOTER 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND 4.8 Promoter shall provide a post-event report, summarizing the specific revenues and expenses associated with the production of the Event. The post-event report shall be delivered to the City's representative sixty(60)days following the close of each Event. 5. DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY 5.1 City agrees to provide, at the employee overtime hourly rate, to Promoter all public services, including police services, emergency medical services, street maintenance services, and other public services as may be deemed appropriate by SEPT to produce the Event. The estimated cost of the services will be shown in Exhibit "B" along with a payment schedule. 5.2 City agrees to make available to Promoter the City's portable stage and entertainment unit known as the "Showmobile." 5.3 City shall make a concerted effort to promote the Event on the City's government access channel and other advertising and marketing vehicles as deemed appropriate. 6. TERM OF AGREEMENT 6.1 Agreement Period. The effective date of this Agreement shall be from September 1, 2007 through September 1, 2008. Any covenant, term or provision of this Agreement, which, in order to be effective, must survive the termination of this Agreement, shall survive any such termination. 6.2 Breach of Agreement. Any material deviation by Promoter, for any reason, from the requirements hereof or from any other provision of this Agreement, shall constitute a breach of this Agreement and may be cause for termination at the election of City. City may terminate this Agreement for cause by giving ten (10)days' notice to Promoter. In the event of termination by whatever means, City shall have the option to direct Promoter's actions with respect to access to materials or assigning any rights, such as name lists and speaker contracts, to City or its designee. City reserves the right to waive any and all breaches of this Agreement, and any such waiver shall not be deemed a waiver of all previous of subsequent breaches. In the event City chooses to waive a particular breach of this Agreement, it may condition same on payment by Promoter of actual damages occasions by such breach of Agreement and shall make every effort to resolve the same quickly and amicably. 6.3 Agreement Termination. In the event Promoter is unable to fulfill its responsibilities underthis Agreement for any reason whatsoever, including circumstances beyond its control, City may terminate this Agreement in whole or in part in the same manner as for breach hereof and be entitled to the same rights on termination. 3 AGREEMENT FOR EVENT PROMOTER 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND 7. GENERAL 7.1 Indemnity. Promoter shall indemnify, defend and hold harmless the City and its officers, employees and agents of and from any and all claims arising out of or related to the Promoter which is the subject of this Agreement, including, without limitation, claims of the following nature: a. Breach of contract- b. Tortious interference with contractual obligation. c. Tortious interference with prospective economic advantage. d. Service mark or copyright infringement and/or dilution. e. Property damage and/or loss. f. Negligence. g. Bodily injury. h. Personal damage/injury (libel and slander). The parties hereto acknowledge with respect to the warranties and representations of the "Indemnity" section of the Agreement that there shall be no personal liability attached to or directed toward the officers, directors, employees or independent contractor of the corporation. Accordingly, the parties hereto agree and acknowledge that the covenants of the indemnification section of the Agreement only apply to the Promoter. S. INSURANCE Not less than thirty (30) days prior to the first scheduled date of the Event, Promoter shall deliver to the City a certificate of insurance showing the City as an additional insured in a policy or policies issued by a company approved by the City's Risk Manager, with coverage and limits of insurance acceptable to the Risk Manager, not subject to cancellation except upon thirty (30) days' written notice to the City. 9. INSPECTION OF RECORDS City shall have the right to monitor and inspect all work or records under this Agreement. 10. COMPLETE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. This Agreement supersedes all previous agreements, it any, between the parties. 000089 4 AGREEMENT FOR EVENT PROMOTER 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND 11. AMENDMENTS Any alterations, variations, modifications or waivers of provisions of this Agreement shall be valid only when reduced to writing duly signed and attached to the original of this Agreement. 12. NOTICES Communications among the parties hereto shall be addressed as follows: PROMOTER: Road Shows, Inc. ATTN: Randy Burke P. O. Box 2994 Reno, Nevada 89505 Telephone: (775) 329-7469 FAX: (775) 329-1364 CITY: City of Palm Springs ATTN: David H. Ready, City Manager P. O. Box 2743 Palm Springs, CA 92262 Telephone: (760) 322-8336 FAX: (760) 323-8207 13. CITY REPRESENTATION Promoter shall work closely with the City's Special Events Coordinator, who shall be designated the "Liaison Representative of City." Promoter principals shall provide regular updates to the Liaison Representative of City to keep the City currently advised on the status of the Event. 14. COMPLIANCE WITH LAWS Promoter shall comply with all applicable federal, state and local laws, ordinances and regulations. (SIGNATURES ON NEXT PAGE) 000010 5 AGREEMENT FOR EVENT PROMOTER 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above, ATTEST: CITY OF PALM SPRINGS, a municipal corporation By: By: City Clerk City Manager CONTRACTOR Check one: Individual Partnership Corporation By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title: (This Agreement must be signed In the above space by one of the following Chairman of the board,President,or any Vice President.) State of County of } On before me, personally appeared personally known to me(or proved to me on the basis of satisfaomry evidence) to be the person(s)whose name(s)Islare subscribed to the within instrument and acknowledged to me that ho/shc/lhcy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument, the person(s) or the entity upon behalf of which the person(s) acted,executed the instrument WITNESS my hand and official seal, Notary Signature: Notary Seal' 6 (This Agreement must be signed In the above space by one of the Notary Signature toIlovdng.Chairman of the board,President,or any Vice President.) Notary Seal State of } County of } On ,before me personally appeared personally known to me(or proved to me an the basis of sansfactory evidence) to be the person(s)whose name(s)Is/are subscribed to the within inStrumcnt and acknowledged to me that he/She/they executed the same in his/her/their authorized capacily(ics), and that by his/her/their signature(s) on the instrument, the person(s)or the entlty upon behalf of which the person(s) acted,executed the Instrument WITNESS my hand and official seal 000012 AGREEMENT FOR EVENT PROMOTER 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND EXHIBIT "A" SCOPE OF SERVICES Promoter, Road Shows, Inc. (RSI), shall organize, manage and produce the annual American Heat- Palm Springs Motorcycle & Hot Rod Weekend event("Event")for the City of Palm Springs ("City") in October of each year during the term of this Agreement. Production of the Event shall include, but not be limited to, the following: 1. RSI shall be responsible for organizing, planning, managing, coordinating, staging and otherwise producing the Event on from October 5 through October 7, 2007 on the Spa Resort Casino parking lot. 2. RSI shall be responsible for developing the schedule of activities, site map, and Event layout to the satisfaction and requirements of the City's Special Events Planning Team (SEPT)- 3- RSI shall be required to mitigate the neighborhood noise impact from the Event by way of creating an artificial "sound barrier" to the north of the Event site as needed. The sound barrier shall be created by abutting vendor and/or promotional trucks end to end along the perimeter of the Event site. 4. All Event participants and entrants must enter the Event site off of Indian Canyon Drive between Amado Road and Alejo Road or Calle Encilia north of Amado Road.The Event site is required to be fenced for security purposes at RSI's expense. 5. The Engineering Division of the City shall be responsible for approving a traffic layout plan provided by RSI through the SEPT review process. All conditions as required by the Engineering Division shall be adhered to within the approval plan at RSI's expense. In addition to this, RSI shall be responsible for maintaining traffic barriers as determined by SEPT. RSI shall be responsible to purchase appropriate signs and pay for the rental of barricades if needed. 6. RSI shall be responsible for all onsite security through the use of a qualified security company approved by the City's Police Department and all volunteer or paid staff as needed to man and stage the Event as required through the SEPT review. 7. All electrical and lighting required to stage the Event on the Event site shall be the responsibility of RSI. 8. All amplified sound equipment and lighting are to be directed away from all adjacent residential housing. This is generally considered to be to the north of the venue. EXHIBIT "A" - SCOPE OF SERVICES PAGE 1 OF 2 PAGES AGREEMENT FOR EVENT PROMOTER 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND 9. During the Event, all trash pickup throughout the Event site shall be the responsibility of RSI with the assistance of City staff as requested. RSI shall be responsible to make the necessary arrangements for onsite trash dumpsters for disposal. 10. All sewage disposal from portable toilets throughout the Event site shall be the responsibility of RSI during the Event. 11. A first aid station shall be required on the Event site at RSPB expense. RSI shall also be required to pay for two (2) City Fire Department Emergency Medical Technicians (EMT) to be on the Event site throughout the Event as determined by SEPT. 12. Onsite law enforcement shall be the responsibility of the City's Police Department and atthe expense of RSI as determined through the SEPT review process. 13. RSI shall be responsible for the procurement and maintenance of all onsite portable toilets, the number and locations of which to be determined through the SEPT review process and in conjunction with the Spa Resort Casino staff. 14. All vendors shall be required to have the appropriate City business licenses as determined through the SEPT review process. Business licenses must be displayed on or within vendor booths throughout the Event. VillageFest licenses shall not be considered acceptable as a City business license. All food vendors shall be required to comply with Riverside County Environmental Health codes forthe Event.All vendor permits, both food and non-food, must be submitted no later than fourteen (14) days prior to the Event. 15. All beer gardens or locations dispensing alcohol shall be constructed, maintained and monitored in accordance to a pre-approved plan by the City's Police Department and under the laws and regulations of the State of California as required by the Alcohol and Beverage Control Board (ABC). 16. No tent staking or tying off to trees, fences or other appurtenances by vendors, entertainers or participants shall be allowed. All guy wires are to be secured to water barrels or similar weighted devices if used. 17. RSI shall be allowed to enter the Event site for pre-Event setup on Thursday, October 4, at 8:00 a.m. and must vacate the premises no later than Monday, October 8, at 12:00 p.m., at which time the Event site shall have been restored to its original condition and made available for public parking. AGREEMENT FOR EVENT PROMOTER 2007 AMERICAN HEAT - PALM SPRINGS MOTORCYCLE & HOT ROD WEEKEND EXHIBIT "B" SCHEDULE OF COMPENSATION AND DESCRIPTION OF CITY SERVICE. COSTS Cost Estimate for City Employee Costs and Equipment Rental for Venue Parks Division estimate $ 8,700 Public Works Department estimate 4,000 Special Events estimate 1,200 Fire Department estimate 3,400 Police Department estimate 6,700 Contingency 14,000 SUBTOTAL $38,000 City agrees to waive the per-space rental cost for the use of the Showmobile for the duration of the Event. RSI is required to pay for all City services in support of the Event as determined by the SEPT review process and outlined in Exhibit "B" not to exceed Twenty-Four Thousand Dollars ($24,000). Payment of fifty percent (50%) of the total estimated cost of services is required at least seven (7) days in advance of the Event or immediately upon conclusion of the final SEPT meeting prior to the Event, whichever is later. The remaining cast of services is due within seven (7)days following the conclusion of the Event. • ©off® �.